Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, September 8, 2022 5:00 PM MINUTES William McGonigal, Chairman City Staff: Roger Quinn, Vice-Chairman, Absent Ben Caldwell, Zoning Administrator Mendel Bell Elton Farmer, Zoning Technician Cynthia Lover Chris Noury, City Attorney Joe Reaves Dawn Snider, Acting City Clerk Andy Thomas, Absent Wyman Wise 1. CALL TO ORDER & ROLL CALL: Chairman McGonigal called the meeting to order at 5:01 PM. 2. APPROVAL OF MEETING MINUTES: Chairman McGonigal called for a motion to approve the minutes of the August 11, 2022 meeting. The motion was made by Mr. Bell and seconded by Mr. Wise. The motion passed 5-0. 3. COMMUNICATION: None 4. SWEAR IN THOSE PERSONS TO SPEAK: Ms. Snider swore in persons to speak at the meeting. 5. OLD BUSINESS: None 6. NEW BUSINESS: A. VARIANCE #32-22: Application by Jamie Lindenberg for a variance to exceed the maximum parking allowed and install 33 parking spaces at 101 Highway 17 South zoned Highway Commercial, HC District. Kevin Pulis, representing the applicant, stated the North Myrtle Beach Dental Office was asking for additional parking spaces for their building. He explained there was a potential to need 31 spaces at full capacity. They could easily exceed this number. The Board, staff, and applicant discussed the space being utilized and current landscaping. Ms. Lover asked if they could use the parking lot of Bonefish Grill during the days. Mr. Pulis explained there was no cross parking allowed by the seller. Mr. Caldwell stated the marked trees were probably on Bonefish Grill’s property. Ms. Lover stated it was their choice to have this number of employees and they were asking for an excessive amount of parking spaces over what was allotted. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal stated as a business owner the worst-case scenario was not having enough parking spaces. Ms. Lover suggested they granted them some of the spaces, after a while see if they needed more, and they could come back for another variance. The discussion continued around how many spaces would be necessary, green space, landscaping, and the applicant’s tree survey. Chairman McGonigal called for a motion. Ms. Lover motioned to grant Variance #32-22, to allow 24 parking spaces with the limitation of no trees within 10-foot of the Bonefish Grill curve be cut down. That would include their landscape buffer and Bonefish’s buffer. It would 1  exclude pine trees. They could not grade within each 5-foot buffer. The motion was seconded by Mr. Wise. The motion to approve passed 5-0. After a discussion, Ms. Lover amended her motion to include there would be no grading within the tree protection zone for any existing trees that remain identified within the buffer. The amended motion was seconded by Mr. Reaves. The amended motion passed 5-0. B. VARIANCE #SE01-22: Application by Triangle Estates for a Special Exception to construct a swimming pool, mechanical room, and restrooms as commonly owned amenities for a town house project at 4414 Kingsport Road zoned, Medium Density Residential, R2 District. There was not a representative for Triangle Estates at the meeting. Chairman McGonigal called for a motion. Ms. Lover motioned to continue Variance #SE01- 22 until the next regularly scheduled meeting. If they did not attend the next meeting or contact the Zoning Administrator prior to that time, the request would be dismissed. The motion was seconded by Mr. Wise. The motion to continue passed 5-0. C. VARIANCE #33-22: Application by Audrey Major for a variance to remove a tree exceeding 24” at 801 Wayne Street zoned Mobile Manufactured Home Residential R-3 District. Ms. Major asked to remove a mobile home and trees on the lot she was planning on building a house. She was told one of the trees was protected and was before the Board to ask for a variance for the tree to be removed. According to the floor plan of the house, it would be in the living room. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Major stated she was going to keep a large magnolia, oak trees and the surrounding smaller trees. Chairman McGonigal called for a motion. Mr. Wise motioned to grant Variance #33-22. The applicant had shown an unnecessary hardship. The extraordinary and exceptional conditions pertaining to this particular piece of property was the tree was in the footprint of the house and the lot was not perfectly square. These conditions did not generally apply to other properties in the vicinity. The application of the ordinance to the particular piece of property would effectively prohibit the utilization of the property. Other than the two pine trees, the other trees would remain. The motion was seconded by Mr. Reaves. The motion to approve passed 5-0. D. VARIANCE #34-22: Application by MIG By the Sea, LLC for a variance to the required number of on-site parking spaces and for a reduction of the minimum side yard setback for a proposed building at 1717 South Ocean Blvd zoned Resort Residential R-4 District. Chairman McGonigal recused himself from the discussion and vote. Derrick Mozingo represented the applicant and Ms. Snider swore him in. Mr. Mozingo distributed Margaritaville/Compass Hotel overall site plans for the project. He gave an overview of the project and why they would like less parking spaces for traffic flow reasons. This project would have an excessive number of amenities to keep them on property. If they had to adhere to the 20% parking, many of the amenities would be eliminated including a public park area given to the city. There would be a parking garage across the street, too. Mr. Mozingo explained the different amenities of the project and then discussed the side setback variance. They were asking for a variance for a 0-foot setback on the southside. They had 210 feet of property and were giving 30 feet back to the city. They would have to reduce their buildable area. Ms. Lover asked if there was currently a beach front access at the location now. Mr. Mozingo stated there was a small one which would be relocated and include public restrooms. Mr. Mozingo stated the extra parking lot across the street would make the 2  parking structure less tight and not as stacked. Ms. Lover asked to go over the number of required parking spaces. Mr. Mozingo explained a total of 165 spaces were required and the parking garage would hold 204. The onsite parking spaces required 33 and the variance was asking for 16 total onsite parking. Ms. Lover stated it seemed like it was a fair trade. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Wise stated he liked the idea of the proposed flow on the property. Ms. Lover asked if there was going to be a designated pedestrian crossway from the parking garage to the hotel. Mr. Mozingo stated the parking garage will be heavily landscaped and in keeping with the architectural esthetics of the hotel. The Board appreciated the height of the garage as well as the amenities that would be included as a part of it. The parking area beside the hotel would be more of an open area. Ms. Lover called for a motion. Mr. Bell motioned to grant Variance #34-22. The applicant had shown an unnecessary hardship. Specifically, there are extraordinary and exceptional conditions pertaining to this particular piece of property. These conditions did not generally apply to other properties in the vicinity. The application of the ordinance to the particular piece of property would effectively prohibit the utilization of the property. The authorization of the variance would not be of substantial detriment to adjacent properties or to the public good, and the character of the district would not be harmed by the granting of the variance. This would include the parking variance and the setback variance. The motion was seconded by Mr. Reaves. The motion to approve passed 4-0. Ms. Lover called for a motion to adjourn. The motion to adjourn was made by Mr. Bell and was seconded by Mr. Wise. The motion passed 5-0. The meeting adjourned at 6:13 PM. Respectfully submitted, Dawn Snider Acting City Clerk NOTE: BE ADVISED THAT THESE MINUTES REPRESENT A SUMMARY OF THE BOARD OF ZONING APPEALS MEETING AND ARE NOT INTENDED TO REPRESENT A FULL TRANSCRIPT OF THE MEETING. 3